The
Brussels II Regulation 2003
Council Regulation (EC) No 2201/2003
0f 27 November 2003 (Brussels II Regulation 2003)
concerning jurisdiction and the recognition
and enforcement of judgments in matrimonial matters and the matters of
parental responsibility, repealing Regulation (EC) No 1347/2000
ANNEXES I-VI TO THE BRUSSELS II REGULATION
ANNEX I
CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING
JUDGMENTS IN MATRIMONIAL MATTERS
[1) Council Regulation (EC) No 2201/2003 of 27 November
2003 concerning jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and the matters of parental responsibility, repealing
Regulation (EC) No 1347/2000. ]
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./fax/e-mail
3. Marriage
3.1. Wife
3.1.1. Full name
3.1.2. Address
3.1.3. Country and place of birth
3.1.4. Date of birth
3.2. Husband
3.2.1. Full name
3.2.2. Address
3.2.3. Country and place of birth
3.2.4. Date of birth
3.3. Country, place (where available) and date of marriage
3.3.1. Country of marriage
3.3.2. Place of marriage (where available)
3.3.3. Date of marriage
4. Court which delivered the judgment
4.1. Name of Court
4.2. Place of Court
5. Judgment
5.1. Date
5.2. Reference number
5.3. Type of judgment
5.3.1. Divorce
5.3.2. Marriage annulment
5.3.3. Legal separation
5.4. Was the judgment given in default of appearance?
5.4.1. No
5.4.2. Yes [1) Documents referred to in Article
37(2) must be attached. ]
6. Names of parties to whom legal aid has been granted
7. Is the judgment subject to further appeal under the law of the Member
State of origin?
7.1. No
7.2. Yes
8. Date of legal effect in the Member State where the judgment was given
8.1. Divorce
8.2. Legal separation
Done at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . ., date . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Signature and/or stamp
ANNEX II
CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING
JUDGMENTS ON PARENTAL RESPONSIBILITY
[1) Council Regulation (EC) No 2201/2003 of 27 November
2003 concerning jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and the matters of parental responsibility, repealing
Regulation (EC) No 1347/2000. ]
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./Fax/e-mail
3. Person(s) with rights of access
3.1. Full name
3.2. Address
3.3. Date and place of birth (where available)
4. Holders of parental responsibility other than those mentioned under
3 [2) In cases of joint custody, a person already
mentioned under item 3 may also be mentioned under item 4. ]
4.1.
4.1.1. Full name
4.1.2. Address
4.1.3. Date and place of birth (where available)
4.2.
4.2.1. Full Name
4.2.2. Address
4.2.3. Date and place of birth (where available)
4.3.
4.3.1. Full name
4.3.2. Address
4.3.3. Date and place of birth (where available)
5. Court which delivered the judgment
5.1. Name of Court
5.2. Place of Court
6. Judgment
6.1. Date
6.2. Reference number
6.3. Was the judgment given in default of appearance?
6.3.1. No
6.3.2. Yes [ 3) Documents referred to in Article
37(2) must be attached. ]
7. Children who are covered by the judgment [1) If
more than four children are covered, use a second form.]
7.1. Full name and date of birth
7.2. Full name and date of birth
7.3. Full name and date of birth
7.4. Full name and date of birth
8. Names of parties to whom legal aid has been granted
9. Attestation of enforceability and service
9.1. Is the judgment enforceable according to the law of the Member
State of origin?
9.1.1. Yes
9.1.2. No
9.2. Has the judgment been served on the party against whom enforcement
is sought?
9.2.1. Yes
9.2.1.1. Full name of the party
9.2.1.2. Address
9.2.1.3. Date of service
9.2.2. No
10. Specific information on judgments on rights of access where ‘exequatur'
is requested under Article 28. This possibility is foreseen in Article
40(2).
10.1. Practical arrangements for exercise of rights of access (to
the extent stated in the judgment)
10.1.1. Date and time
10.1.1.1. Start
10.1.1.2. End
10.1.2. Place
10.1.3. Specific obligations on holders of parental responsibility
10.1.4. Specific obligations on the person with right of access
10.1.5. Any restrictions attached to the exercise of rights of access
11. Specific information for judgments on the return of the child in
cases where the ‘exequatur' procedure is requested under Article
28. This possibility is foreseen under Article 40(2).
11.1. The judgment entails the return of the child
11.2. Person to whom the child is to be returned (to the extent stated
in the judgment)
11.2.1. Full name
11.2.2 Address
Done at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . , date . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Signature and/or stamp
ANNEX III
CERTIFICATE REFERRED TO IN ARTICLE 41(1) CONCERNING
JUDGMENTS ON RIGHTS OF ACCESS
[1) Council Regulation (EC) No 2201/2003 of 27 November
2003 concerning jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and the matters of parental responsibility, repealing
Regulation (EC) No 1347/2000. ]
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./fax/e-mail
3. Person(s) with rights of access
3.1. Full name
3.2. Address
3.3. Date and place of birth (where available)
4. Holders of parental responsibility other than those mentioned under
3 [2) In cases of joint custody, a person already
mentioned under item 3 may also be mentioned in item 4. ] [3) Please put
a cross in the box corresponding to the person against whom the judgment
should be enforced.]
4.1.
4.1.1. Full name
4.1.2. Address
4.1.3. Date and place of birth (where available)
4.2.
4.2.1. Full name
4.2.2. Address
4.2.3. Date and place of birth (where available)
4.3. Other
4.3.1. Full name
4.3.2. Address
4.3.3. Date and place of birth (where available)
5. Court which delivered the judgment
5.1. Name of Court
5.2. Place of Court
6. Judgment
6.1. Date
6.2. Reference number
7. Children who are covered by the judgment [1) If
more than four children are concerned, use a second form. ]
7.1. Full name and date of birth
7.2. Full name and date of birth
7.3. Full name and date of birth
7.4. Full name and date of birth
8. Is the judgment enforceable in the Member State of origin?
8.1. Yes
8.2. No
9. Where the judgment was given in default of appearance, the person
defaulting was served with the document which instituted the proceedings
or with an equivalent document in sufficient time and in such a way as
to enable that person to arrange for his or her defence, or the person
has been served with the document but not in compliance with these conditions,
it is nevertheless established that he or she accepted the decision unequivocally
10. All parties concerned were given an opportunity to be heard
11. The children were given an opportunity to be heard, unless a hearing
was considered inappropriate having regard to their age or degree of maturity
12. Practical arrangements for exercise of rights of access (to the extent
stated in the judgment)
12.1. Date and time 12.1.1. Start
12.1.2. End
12.2. Place
12.3. Specific obligations on holders of parental responsibility
12.4. Specific obligations on the person with right of access
12.5. Any restrictions attached to the exercise of rights of access
13. Names of parties to whom legal aid has been granted
Done at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . , date . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Signature and/or stamp
ANNEX IV
CERTIFICATE REFERRED TO IN ARTICLE 42(1) CONCERNING
THE RETURN OF THE CHILD
[1) Council Regulation (EC) No 2201 of 27 November
2003 concerning jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and the matters of parental responsibility, repealing
Regulation (EC) No 1347/2000. ]
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./fax/e-mail
3. Person to whom the child has to be returned (to the extent stated
in the judgment)
3.1. Full name
3.2. Address
3.3. Date and place of birth (where available)
4. Holders of parental responsibility [2 ) This item
is optional. ]
4.1. Mother
4.1.1. Full name
4.1.2. Address (where available)
4.1.3. Date and place of birth (where available)
4.2. Father
4.2.1. Full name
4.2.2. Address (where available)
4.2.3. Date and place of birth (where available)
4.3. Other
4.3.1. Full name
4.3.2. Address (where available)
4.3.3. Date and place of birth (where available)
5. Respondent (where available)
5.1. Full name
5.2. Address (where available)
6. Court which delivered the judgment
6.1. Name of Court
6.2. Place of Court
7. Judgment
7.1. Date
7.2. Reference number
8. Children who are covered by the judgment [1) If
more than four children are covered, use a second form.]
8.1. Full name and date of birth
8.2. Full name and date of birth
8.3. Full name and date of birth
8.4. Full name and date of birth
9. The judgment entails the return of the child
10. Is the judgment enforceable in the Member State of origin?
10.1. Yes
10.2. No
11. The children were given an opportunity to be heard, unless a hearing
was considered inappropriate having regard to their age or degree of maturity
12. The parties were given an opportunity to be heard
13. The judgment entails the return of the children and the court has
taken into account in issuing its judgment the reasons for and evidence
underlying the decision issued pursuant to Article 13 of the Hague Convention
of 25 October 1980 on the Civil Aspects of International Child Abduction
14. Where applicable, details of measures taken by courts or authorities
to ensure the protection of the child after its return to the Member State
of habitual residence
15. Names of parties to whom legal aid has been granted
Done at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . , date . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Signature and/or stamp
ANNEX V
COMPARATIVE TABLE WITH REGULATION (EC) No. 137/2000
(Brussels II Regulation old)
Articles
repealed |
Corresponding
Articles of new text
|
|
Articles
repealed |
Corresponding
Articles of new text
|
| 1 |
1, 2 |
|
31 |
51 |
| 2 |
3 |
|
32 |
37 |
| 3 |
12 |
|
33 |
39 |
| 4 |
|
|
34 |
38 |
| 5 |
4 |
|
35 |
52 |
| 6 |
5 |
|
36 |
59 |
| 7 |
6 |
|
37 |
60, 61 |
| 8 |
7 |
|
38 |
62 |
| 9 |
17 |
|
39 |
|
| 10 |
18 |
|
40 |
63 |
| 11 |
16, 19 |
|
41 |
66 |
| 12 |
20 |
|
42 |
64 |
| 13 |
2, 49, 46 |
|
43 |
65 |
| 14 |
21 |
|
44 |
68, 69 |
| 15 |
22, 23 |
|
45 |
70 |
| 16 |
|
|
46 |
72 |
| 17 |
24 |
|
Annex I |
68 |
| 18 |
25 |
|
Annex II |
68 |
| 19 |
26 |
|
Annex III |
68 |
| 20 |
27 |
|
Annex IV |
Annex I |
| 21 |
28 |
|
Annex IV |
Annex II |
| 22 |
21, 29 |
|
|
|
| 23 |
30 |
|
|
|
| 24 |
31 |
|
|
|
| 25 |
32 |
|
|
|
| 26 |
33 |
|
|
|
| 27 |
34 |
|
|
|
| 28 |
35 |
|
|
|
| 29 |
36 |
|
|
|
| 30 |
50 |
|
|
|
ANNEX VI
Declarations by Sweden and Finland pursuant to Article 59(20(a) of the
Council Regulation concerning jurisdiction and the recognition and enforcement
of judgments in matrimonial matters and matters of parental responsibility,
repealing Regulation (EC) No 1347/2000.
Declaration by Sweden:
Pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction
and the recognition and enforcement of judgments in matrimonial matters
and matters of parental responsibility, repealing Regulation (EC) No 1347/2000,
Sweden hereby declares that the Convention of 6 February 1931 between
Denmark, Finland, Iceland, Norway and Sweden comprising international
private law provisions on marriage, adoption and guardianship, together
with the Final Protocol thereto, will apply in full in relations between
Sweden and Finland, in place of the rules of the Regulation.
Declaration by Finland:
Pursuant to Article 59(2) (a) of the Council Regulation concerning jurisdiction
and the recognition and enforcement of judgments in matrimonial matters
and matters of parental responsibility, repealing Regulation (EC) No 1347/2000,
Finland hereby declares that the Convention of 6 February 1931 between
Finland, Denmark, Iceland, Norway and Sweden comprising international
private law provisions on marriage, adoption and guardianship, together
with the Final Protocol thereto, will apply in full in relations between
Finland and Sweden, in place of the rules of the Regulation.
|